Legal Focus

When entering into formal agreements with employees, employers commonly include terms to protect certain interests, such as its reputation and image, or the terms surrounding the specific agreement. Recently, the National Labor Relations Board (the “NLRB”) decided an issue before it concerning non-disparagement and confidentiality clauses that were incorporated into severance agreements signed by employees. The Board’s decision ultimately affects how employers should use similar language in f...

In 2022, school districts operated mostly uninterrupted from the coronavirus, and federal and state governments tackled more issues unrelated to the pandemic. For school transportation contractors, this meant keeping up with new or amended laws and regulations, and other significant events. Continue reading for a discussion on some of the biggest legal topics affecting the school transportation industry in 2022.

In recent months, the legal landscape regarding employee non-competes and non-disparagement terms in severance agreements has evolved significantly at the national level. In the past, these have been important tools that help employers maintain and protect their competitive business information and settle disputes with certain employees. However, recent decisions of federal regulatory agencies and administrative bodies could change the viability of these tools. Continue reading for more details ...

In January 2022 the Federal Motor Carrier Safety Administration (FMCSA) granted a ninety day waiver of the “Under-the-Hood” portion of CDL skills test for school bus drivers to help address the driver shortage. Seven states implemented modified CDL testing for school bus drivers, and FMCSA extended the ninety day waiver two more times. But, some states still declined to modify their CDL testing for school bus drivers due to the short duration of the waiver. In September 2022, FMCSA sought comm...

In recent years, public awareness of illegal passing of school buses has increased and Pennsylvania legislators, with the help of PSBA initiatives, have taken notice and made an effort to curb illegal passing. However, often when new laws are passed enforcement is not always as seamless as hoped when the law is written, Pennsylvania School Bus Stopping Laws are no exception. Law enforcement and Pennsylvania courts sometimes have difficulty enforcing the new laws and, as a result, may leave schoo...

Many school transportation contractors continue to look for creative ways to retain drivers. Some contractors may decide to pay their drivers on a per run basis, rather than by the hour. This can be an attractive payment model for drivers, and award efficiency with more pay in less time. However, contractors that pay their drivers on a per run basis should be mindful of their obligations of continued compliance with applicable minimum wage and overtime laws. Continue reading to learn how federal...

The 2022-2023 school year is well underway, and the realities of the driver shortage continue to be apparent to transportation contractors, school districts, and parents of students alike. Prior to the start of this school year, many schools and contractors were left with no choice but to combine bus routes due to lack of drivers. Combined routes means more kids on each bus and longer route times. Continue reading for further discussion of school bus capacity and route duration issues.